A briefe summary of the lavves and statutes of England so far forth as the same do concerne the office of justices of the peace, sheriffs, bayliffs, constables, churchwardens, and other officers and ministers of the commonwealth : together with divers other matters not onely acceptable for their rarity, but also very necessary for their great use and profit, for all persons, but especially for such as bear office in this common-wealth / collected by Nicholas Collyn ...

RESOLUTIONS OF THE IUDGES OF ASSIZE, UPON Certain QUESTIONS touching Parishes, &c. Mich. An. Dom. 1633.

QUEST. I.

VVHether the churchwar∣dens and overseers of a parish, with the assent of two Justices of Peace, one being of the quorum may by the Statute of 43 E. cap. 2. or a∣ny law enforce a parishioner of the same

Parish to take a child of a poore Pari∣sh••oner of the same Parish, who is not able to keep his said Child, to be an Apprentice?

Resol. The Statute of 43 Eliz. which saith that the Churchwardens and O∣verseers of the parish shall put out chil∣dren to be Apprentices, necessarily implyeth, that such as are fit must re∣ceive such Apprentices, and the putting out of poor children is one of the best wayes for providing for the poor.

quest. II. If they may, then whether they must give money with him, and who shall determine what summe shall be given, if the party that is to take such Apprentice and the Churchwardens & Overseers of the poor, cannot agree thereupon?

Resol. There is no necessity that mo∣ney must be given, but that must be left to the discretion of the Overseers (all circumstances of age and ability considered) and if they cannot agree with the party, then the Justices of the peace neare adjoyning, and in their de∣faults, the Sessions of peace are to de∣termine the controversie.

quest. III. VVhether a Knight Gen∣tleman, Clergy-man, or Yeoman, or one that is a Sojourner, using Husban∣dry, Clothing, Grazing, or the like, may be inforced to take such an Ap∣prentice?

Resol. Every man who by his Calling or Profession, or manner of Living entertaineth, and must have the use of other servants of the like quality, must entertain such Apprentices, wherein dis∣cretion must be guided upon considera∣tion of all circumstances.

quest. IIII: Whether a wealthy man keeping few or no Servants, nor wan∣ting a servant, but living privately may be enforced to take such an Apprentice; if not, then whether he may be taxed towards the putting forth of such an Apprentice?

Resol. For the receiving of such Ap∣prentices, The Answer may be referred to the Question next before, but out of doubt every such person must contri∣bute to the charges, as to other charges for the provision for the poor.

quest. V. Whether they may enforce a parishioner of one parish to take such a child apprentice that is of another pa∣rish, but within the same County or Division, if the proper parish be notable to provide for the children of the pa∣rish?

Resol. The Justices may provide Masters for them in other parishes within the same Hundred; and if the Hundred be not able, then out of that Hundred in the rest of the County, as for the provision for the poor.

quest. VI. If such a Parishioner may

be enforced to take such an Apprentice and shal refuse to take such Apprentice but also be bound to appear at the next quarter Sessions or Assize, what shal be done then?

Resol. If any refuse, let such a one be bound to the next Sessions or Assizes, if he refuse to give such bond, let him be sent to the Goale, there to remain until he wil give such bond.

quest. VII. If such a Parishioner who refuseth to take such an Appren∣tice shal be bound over to the Sessions for not taking such Apprentice, and when he appeareth there shal likewise refuse, what shall be done unto him? and what shall be done to the parents of such children who refuse to suffer their Children to be put out Apprenti∣ces, themselves not being able to main∣tain them?

Resol. If at the Sessions or Assizes such one refuseth to take such an Ap∣prentice, and his excuse be not allow∣ed, it is fit he be bound to the good behaviour. And as it will be a good course to indict such a refuser for a contempt, and thereupon to fine and imprison him, if he refuse to be bound to the good behaviour, let him be im∣prisoned till he will; and the Kings book of Order directs that such be bound with good sureties at the Coun∣sel-Board. And if the Parents of such

poor children do not suffer their chil∣dren to be bound Apprentices, or being bound to entice them away, themselves not being able to maintain them, let them be committed to the house of Correction.

Quest. VIII. Whether it be in the power of any generall quarter Sessions to mitigate any penalty upon a Statute Law, if the party indicted shall submit himself to the fine of the Court, and wave the Traverse.

Resol. If the party be convicted, or confess the fault, it is not in the power of the Court to mitigate the fine, in such cases where the Statute makes it certaine, but if the party indicted con∣fess his innocency, yet quia noluit pla∣ci tare cum dom. rege, put himself up in∣to the grace of the Court, the Court may impose a moderate fine, and order to forbeare the prosecution.

quest. IX. If a man be bound to appear at the Sessions, and shall ten∣der submission to the Court, whether the Sessions may stay the indictment, and mitigate the fine as aforesaid, up∣on the confession of the fact.

Resol. This is answered before in the next precedent Article.

quest. X. If a man be convicted for being drunk, tipling, or keeping an un∣licensed Alehouse; or being licensed, for suffering others to remaine tipling

in his house, or for swearing, or for driving of cattle upon the Sunday con∣trary to the Stat. in that case provided, whether the Justice of the peace (before whom he was convicted) or any other Justice of the peace may discharge him of all; or part of the forfeiture or punish∣ment appointed by the Statute?

Resol. The Justices have no such power of mitigation after conviction, where the statute appoints the measure of the punishment.

quest. XI. VVhether a Constable may upon a warrant for carrying one to the house of Correction, for keeping an unlicensed Alehouse, upon the second conviction break open the house where the party convicted is, to apprehend him?

Resol. This question is to be advised upon; it is but in generall t〈…〉〈…〉arms, and referred to be considered in the particu∣ler where it appeareth.

quest: XII. If any woman unmarried be hired from week to week, or from halfe a year to halfe a year in one pa∣rish, and there is begotten with child, and then goeth from thence to another parish where she is setled in serv••ce by the space of two or three months, and then is discovered that she is with child, the question is, whether she shall b•• setled in the parish where she was bego〈…〉〈…〉

with child, or in the parish wherein she was last setled?

Resol. The place where such a woman was lawfully setled is the direction in this case, not where she was begotten with child.

quest. XIII. If a woman servant unmarried be gotten with child, and then goeth out of her Masters service before, or after it is discovered that she is with child, and the reputed Father be run away, or is not able to free the pa∣rish, whether the Master may be forced to provide for her til she be delivered and a month after?

Resol. If the Master have legally dis∣charged his house of such a servant, he is no more bound to provide for her than any other.

quest. XIV. In case a parish consist in part of ancient Demeasne, and part Geldable; an Assize is made for the reliefe of maymed. Souldiers Goale, &c. according to the Stat. of 24. Eliz. cap. 2. Whether the Tenants in ancient Demeasne shall contribute with the Geldable for the payment of this Assize?

Resol. The Statutes do not distin∣guish, between the ancient Demeasne and the Geldable; in these cases, ubi Lex non distinguit, nec nos dstingue∣mus.

quest. XV. VVhether an Indictment

of forcible Deteinor be within the Sta∣tute of 21 Iac. 5. and not to be removed by Certiora. unless the party indicted first finde sureties according to that Sta∣tute: and whether the party indicted be to be bound himself, or may send sureties to be bound in his absence to prosecute according to that Statute. And whether an Indictment of forcible Entry, &c. found at a quarter Sessions, and certified unto the quarter Sessions, be to be removed by Cortiorar. without sureties according to the Statute.

Resol. This is fittest to be left unto the Court of Kings-Bench, to whose commission, and jurisdiction this is most proper.

quest. XVI. If one be convicted up∣on the Statute of 3 CAROL. R. cap. 13. for driving of Cattle upon the Sunday through several parishes, whe∣ther he shall forfeit twenty shillings to every of the said parishes, or onely to one, if to one, then to which of them?

Resol. This Statute gives the forfei∣ture but of one twenty shillings for one Sabbath day, although the driving be on that day through several parishes therefore where the action is first atta∣ched, and distress taken, that parish shal have the benefit of the forfeiture, and none other.

quest. XVII. If one who is under

the age of thirty years, or brought up in Husbandry, or a Maid-servant brought up in any the Arts or Trades mentioned in the Statute, 5 Eliz. cap. 4. and not enabled according to that statute to live at his or her own hand, shall be warned by two Justices of the peace, to put him or her self to service, by a day prescribed by them, and shall not do the same accordingly, but shall after continue living at his or her own hand, what course shall be taken with such a person, and how punished?

Resol. Such persons living out of service, and not having visible means of their own to maintaine themselves without their labour, and refusing to serve as an hired servant by the yeare may be bound over to the next sessions or Assizes, and to be of good behaviour in the mean time, or may be sent to the house of Correction.

quest. XVIII. Whether the Tax for the relief of the poore, upon the statute of 43 Eliz. shall be made by a∣bility, or occupation of Lands, or both: and whether the visible ability in the parish where he lives, or gene∣rall ability whatsoever: And whether his Rent received in the Parish where he lives shall be accounted visible, and whether he shall be taxed for them on∣ly, and not for any received from other parishes.

Resol. The lands within each parish is to be taxed to the said charges in the first place equally and indifferently; but there may be an addition for the visible ability of the Parishioner, ac∣cording to good discretion, wherein if there by any mistaking, the Justice &c. or the Sessions must judg between them.

quest. XIX. VVhether the Tax for the County stock, Goale, house of Correction, is to be made by the Sta∣tute 14 Eliz. & 43 Eliz. by ability, and upon the Inhabitants of the parish one∣ly, or upon them, or the occupiers of lands dwelling in that parish; or whe∣ther such as occupy Lands in that pa∣rish, and dwel in another parish shall be taxed?

Resol. If the Statutes in particular causes give no speciall direction, it is good discretion to go according to the rule for taxation for the poor.

quest. XX. VVhether any taxes ought to be made for the charges that petty Constables and Burgholders are at for conveying of Rogues from pa∣rish to parish, and relieving of them, and how to be rated?

Resol. It is fit to relieve the Consta∣bles and Tythingmen, in such sort as it hath been used in severall parishes where they live.

quest. XXI. VVhether a Justice 〈◊〉〈◊〉

peace may discharge a servant being with child from her service, allowing 〈…〉〈…〉hat as a reasonable cause that she is 〈…〉〈…〉ereby made unable to do her service ••hich otherwaies she might have done; 〈…〉〈…〉d if he may discharge her, whether ••e parish shall provide for her til her delivery, if she cannot provide for her 〈…〉〈…〉lf, and so also if her time be expired before her delivery, who shall provide 〈◊〉〈◊〉 her after the time ended.

Resol. If a woman being with child 〈…〉〈…〉ocure her self to be retained with a 〈…〉〈…〉aster who knoweth nothing thereof, 〈…〉〈…〉ems to be a good cause to discharge 〈…〉〈…〉r from her service: But if she be 〈…〉〈…〉ten with child during her service, it 〈…〉〈…〉meth to be otherwise; but the master neither case must turn away such a 〈…〉〈…〉vant of his own authority, but if 〈…〉〈…〉r term be ended, or she lawfully 〈…〉〈…〉charged, the Master is not bound to 〈…〉〈…〉vide for her, but it is a misfortune 〈…〉〈…〉len upon the parish, which they must 〈…〉〈…〉re as in other cases of casuall impo∣〈…〉〈…〉cie.

quest. XXII. VVhether one being 〈…〉〈…〉vered of a Bastard-child in one pa∣〈◊〉〈◊〉, and goeth into another parish and 〈…〉〈…〉omes vagrant, and so is sent to the 〈…〉〈…〉ce of her birth, her bastard-child be∣〈◊〉〈◊〉 under the age of seven years, shall setled with the mother, and there 〈…〉〈…〉intained, if the mother be not able

to keep it, not the reputed father found; or whether it shall be sent to the place of its birth, as being setled with the mother, whether the parish where it was born shall be ordered by the two next Justices to pay a weekly sum to∣wards the maintenance of it?

Resol. The bastard child must be pla∣ced with the Mother, so long as it is within the quality or condition of a Nurse-child, and then it is fit to be sent to the place of its birth, to be provided for, the Mother or reputed Father not being able.

quest. XXIII. A man with his Wife and Children takes a house in one parish for a year, and before the end of his term is put out of possession, and after takes part of an house as an Inmate in another parish, from whence he is also put out in two or three dayes, and then not being able to get any dwelling, they come to lye in a Barn in a third parish, where the husband falls sick, and the wife is delivered of another child, where ought these to be setled?

Resol. If a man or woman having an house or habitation in one parish be thrust out of possession, this is an il∣legall unsetling, which the Law for∣biddeth; for none must be enforced to turn Vagrants, and such a one must be returned to the place where he or she

was lawfull setled, and the child also that was born in the time of this di∣straction.

quest. XXIV. Whether an Ap∣prentice put out by the Churchwardens &c: according to the Statute, to a Ma∣ster in another parish, if his Master die and leave no Executor fit to keepe an Apprentice, or able to place him, shall he be provided for in the parish where he was Apprentice, or shall be sent back to that parish from whence he was put out?

Resol. Servants and Apprentices are by Law setled in that parish, and if they become impotent there, the pa∣rish must beare the adventure after their terme or time be lawfully en∣〈…〉〈…〉ed.

quest. XXV. VVhat is accounted 〈◊〉〈◊〉 lawfull setling in a Parish, and what 〈…〉〈…〉ot?

Resol. This is too generall a que∣stion to receive a perfect answer to eve∣〈…〉〈…〉 particular case which may happen, 〈◊〉〈◊〉 generally this is to be observed, 〈◊〉〈◊〉 the Law unsetleth none who are 〈…〉〈…〉ully setled, nor permits that to be 〈…〉〈…〉e by force or compulsion: and eve∣〈◊〉〈◊〉 one who is setled a Native, House∣〈…〉〈…〉lder, a Sojourner, an Apprentice, or Servant for a month at the least, with 〈◊〉〈◊〉 a just complaint made to remove 〈◊〉〈◊〉 or her, shal be held to be a setling.

quest. XXVI. A rogue is taken at A. and wil not confess the place of his birth, neither doth it appear other∣wise but that he confesseth the last plece of his habitation to be at S. here∣upon he is whipped and sent to S. at his comming to S. there the place of his birth is known to be at VV. and there∣upon the Rogue confesseth it to be so, whether he might without new vagran∣cy be sent to VV.

Resol. In this case it is fit to send such a Rogue to the place of his birth; but this is but a mistaking, and no le∣gal setling.

quest. XXVII. If an Indictment be preferred to the grand Inquest of the quarter Sessions of the peace, against one for Murder, Manslaughter, Robbe∣ly, Felony, or petty Larceny, and Ig∣noramus found thereupon, whether the said Sessions may deliver the party by proclamation, or not.

Resol. Not by Proclamation but for Petty Larceny, and other petty Felo∣nies in discretion the Goal may be de∣livered of them.

quest. XXVIII. If a Constable be chosen, and refuse to take his Oath, what shall be done? And whether a Constable may make a deputy, and by what means?

Resol. The refusall or neglect to take Oath in such case, is a contempt

worthy of punishment, and the best way is by Indictment, and thereupon to fine and imprison him; and the ma∣king of a deputy is rather by toleration than by Law.

Quest. XXIX. If a Constable die, or remove out of his place where, &c. how is his place to be supplyed?

Resol. By the Lord of the Leet, if that time fell neare, if otherwse by the Sessions, but if that be too far off, then by the next Justices.

quest. XXX. If a poor weak man be chosen Constable or Tything-man be unfit for the place, how he may be removed, and a fresh sworne in his roome?

Resol. The Justices must help this, and 〈…〉〈…〉f the Lord of the Leet have power to chuse a Constable or Tything-man and perform it so ill, that is a just cause to seize his liberty.

quest. XXXI. If a Nurse-child, a Schollar at a Grammar School, or in the University prove to be impotent by sickness, lameness, lunacy; or discovery of Felony, how such persons shall be disposed?

Resol. A Nurse-child, or a Schollar at the Grammer School, or in the Uni∣versity are not to be esteemed as persons setled there, more than Tra∣vellers in their Innes, but their set∣ling is where their parents were setled,

or themselves were last setled.

Quest. XXXII. What proportion Parsonages, or Tithes shall bear to the taxation of the poor of the Parish.

Resol. The Parson having the Tenths or Tythes of the Parish, it see∣meth good and equal that he shal pay the Tenth part of the rate of the poor in that respect.

quest. XXXIII: VVhether for pla∣cing of the poor of the parish not to be removed but by consent of the pa∣rish, these poor men may not be placed &c. Inmates for a time?

Resol. They may by express words of the Stature of 43 Eliz.

quest. XXXIV. It a Parishioner, or owner within a Parish, do bring into the Parish, without the consent of the parish, a stranger of another parish, which is, or apparently like to be bur∣thensome to the parish, how they may ease themselves.

Resol. By taxing such a one to the charge of the rates of the poor, not ha∣ving respect to his ability, or the land he occupies, but according to the da∣mage and dangerhe bringeth to the pa∣rish by his folly.

quest. XXXV. For VVarding in the day time for apprehending of Rogues, whether the Constable may not enlarge it?

Resol. VVarding in the day time is of

great use, and must be left to the discre∣tion of the Constables, or direction of the Justices to vary according to the occasion.

quest. XXXVI. VVhether Alchouses ought to be allowed in Through-fair Towns, and others in other places to be restrained onely to sel to the poore out of dores.

Resol. The Justices shall do very welto allow none but in places sit for their s••itua••••on and user, and to mode∣rate the number.

quest. XXXVII. A man for his qua∣lity otherwise sit to be a Constable or other officer of that nature, procures himself to be the Kings Servant extra∣ordinary, and by that would excuse himself to serve in the country.

Resol. A servant extraordinary may wel perform his ordinary service in the Country according to his quality.